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Ordinance 91-2767 ORDINANCE NO. 91-2767 AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665 BY: 1. AMENDING SECTION 3, "DEFINITIONS," AMENDING SUBSECTION 3-2, ENTITLED "TERMS DEFINED"BY ADDING DEFINITIONS FOR CONVENTION HOTEL,RECYCLING RECEIVING STATIONS AND AMENDING THE DEFINITION OF HOTEL UNIT; 2. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS,"AMENDING SUBSECTION 6-1, ENTITLED "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS" BY CLARIFYING THE CONDITIONAL USES AND BY ADDING REVIEW CRITERIA FOR NEW CONSTRUCTION, ALTERATIONS OR ADDITIONS TO EXISTING STRUCTURES; 3. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS," AMENDING SUBSECTION 6-5, ENTITLED "RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3 RESIDENTIAL MULTI-FAMILY DISTRICTS" BY ADDING THE SETBACK REQUIREMENTS FOR LOTS 55 FEET WIDE OR LESS; 4. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS,"AMENDING SUBSECTION 6-14, ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT" BY ADDING RECYCLING AND RECEIVING STATIONS UNDER THE CONDITIONAL USE CATEGORY; 5. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS,"AMENDING SUBSECTION 6-21, ENTITLED "REGULATION OF ACCESSORY USES" BY CLARIFYING ACCESSORY USES IN APARTMENT BUILDINGS IN THE R-PS4 HIGH DENSITY RESIDENTIAL PERFORMANCE STANDARD DISTRICT AND BY ADDING LANGUAGE TO CLARIFY THE LOCATION OF PUBLIC TELEPHONES, VENDING MACHINES AND AUTOMATIC TELLER MACHINES AS PERMITTED ACCESSORY USES IN OFFICE, RETAIL AND COMMERCIAL USES; 6. AMENDING SECTION 6,"SCHEDULE OF DISTRICT REGULATIONS,"AMENDING SUBSECTION 6-25, ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY CLARIFYING SCREENING PROVISIONS FOR STORED BOATS AND VEHICLES, BY CLARIFYING THE REGULATIONS REGARDING CHAIN LINK FENCES,BY AMENDING THE MAXIMUM PROJECTION FOR MARINE STRUCTURES, AND BY ADDING NEW REGULATIONS FOR AT-GRADE PARKING LOTS; 7. AMENDING SECTION 7, "PARKING REGULATIONS," AMENDING SUBSECTION 7-2, ENTITLED "OFF-STREET PARKING REQUIRED" BY CREATING REGULATIONS FOR CONVENTION HOTELS AND BY CLARIFYING THE REGULATIONS FOR RETAIL STORE, COIN LAUNDRY, AND DRY CLEANING RECEIVING STATIONS, BY ADDING PARKING REQUIREMENTS FOR RELIGIOUS INSTITUTIONS IN PARKING DISTRICT NO. 2 AND BY ELIMINATING THE PARKING EXEMPTION FOR USES IN WATERWAY DISTRICT-2; 8. AMENDING SECTION 8, "LANDSCAPE STANDARDS," AMENDING SUBSECTION 8-6, ENTITLED "LANDSCAPE CRITERIA" BY PROVIDING FOR A CLARIFICATION REGARDING AT-GRADE PARKING LOTS, INCLUDING LOTS WHICH ARE 55 FEET WIDE OR LESS; 9. AMENDING SECTION 9, "SIGNS," AMENDING SUBSECTION 9-2, ENTITLED "GENERAL SIGN REGULATIONS" BY CHANGING THE REGULATIONS FOR SIGNS LOCATED ON AWNINGS AND ADDING A PROVISION FOR CERTAIN ACCESSORY USE SIGNS ON OCEANFRONT BUILDINGS; 10. AMENDING SECTION 9, "SIGNS,"AMENDING SUBSECTION 9-5, ENTITLED"SIGN REGULATIONS PER ZONING DISTRICTS" BY AMENDING THE REGULATIONS FOR SIGNS IN THE CCC, CIVIC AND CONVENTION CENTER DISTRICT AND CLARIFYING THE REGULATIONS IN THE DUNE OVERLAY DISTRICT; 11. AMENDING SECTION 13, "NON-CONFORMING STRUCTURES AND USES," AMENDING SUBSECTION 13-8, ENTITLED"BUILDING NONCONFORMING IN HEIGHT, DENSITY, PARKING, FLOOR AREA RATIO OR BULK" BY CLARIFYING THE PROVISION FOR FLOOR AREA REQUIREMENTS; 1 • 12. AMENDING SECTION 13, "NON-CONFORMING STRUCTURES AND USES," AMENDING SUBSECTION 13-9, ENTITLED "PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS" BY MODIFYING THE REGULATIONS PERTAINING TO OWNERSHIP AND PROOF OF PRIOR EXISTING CONDITIONS; 13. AMENDING SECTION 16, "BOARD OF ADJUSTMENT," AMENDING SUBSECTION 16-7,ENTITLED"POWERS AND DUTIES"BY CLARIFYING THE FEE FOR DEFERMENTS, WITHDRAWALS AND CLARIFICATIONS; 14. AMENDING SECTION 18, "DESIGN REVIEW BOARD," AMENDING SUBSECTION 18-2, ENTITLED "DESIGN REVIEW PROCEDURES" BY CLARIFYING THE EXEMPTION FROM DESIGN REVIEW OF SINGLE FAMILY DWELLINGS; 15. AMENDING SECTION 20, "PS-PERFORMANCE STANDARD DISTRICT," AMENDING SUBSECTION 20-3, ENTITLED "USE REGULATIONS" BY ADDING CAR WASH TO THE LIST OF PROHIBITED USES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; PROVIDING FOR A REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Planning and Zoning Department has recommended the revisions to the City's Comprehensive Zoning Ordinance contained herein; and WHEREAS, these revisions are deemed necessary to clarify certain provisions, to provide for new primary conditional uses, to provide additional development regulations, to provide regulations for convention hotels and to improve procedures for approving certain marine structures and for retaining certain undersized, illegally installed or illegally subdivided units; and WHEREAS, the City's Planning Board has also recommended that the City Commission pass these amendments to the Zoning Ordinance; and WHEREAS, the City Commission believes that the amendments contained herein are necessary to the health and welfare of the citizens of the City of Miami Beach, Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Sy4..(1:0X.4itOg = new language Strike out deleted language SECTION 1. That Subsection 3-2 of Zoning Ordinance No. 89-2665, entitled "Terms Defined" is hereby amended as follows: 3-2 TERMS DEFINED A. For purposes of this Ordinance, certain terms and words are hereby defined. 9:4 HOTEL.i.0 N; :ENTIf ;i newly constructed Air S�tb tart 1, te:d:»>: vi:the n:>:::<:2.5:00<::<: `t:<::::o1`<:::;t he:<:::M i a; i::: eta eh: ��ha:bl�taE fie:ef;:::Heael;;>;:anea::.:::::::::::::::.:::::.::.::::::.,.::.:::::::....::.::.::: ::.::::: ::.:::.:::::: <,:::.:..: :;:: Convention. ette 95 9-4: HOTEL UNIT: A room, or group of rooms, with ingress or egress which may or may not be through a common lobby, intended for rental to transients on a day-to-day, week-to-week, or month-to- month basis, not intended for Use or used as a permanent Dwelling-an'd witt out 000l€ dg fseiYtties (This tertni xtzcludes Suite Hotel Unit,geeettttz -22,.A. .. * * * cYCLiNG REcEIVZN r STATION: A Budding or portio Hereof, m . :nsa:tion:::ce:rtai:n:::types:o:f:::recyclable:mater:al:s:in;clud ng ::�.:::::::::::::::::::.;.:.::.;:.;:.;:.;:.:;:.::;::::::::;::;:;:;;::;::::;;:::: ::n:ot:::t.P.P.a:ted»:to.:;a1:u xn,;::?0, spzc,;ILAPe l.004 Wgkol.el ll;.: gta;::O nu :.;;:s i i n to a n other 2 • 010000 a:l:l:::::::a r :d::::>1oc000i::::•rho 31.1ki::a: €0 ::00. >pl:sn.. >o ::t1 ..e ................ jrd SECTION 2. That Subsection 6-1 of Zoning Ordinance No.89-2665,entitled"RS-1,RS-2,RS-3, RS-4 Single Family Residential Districts" is hereby amended as follows: 6-1 RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY RESIDENTIAL DISTRICTS. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional Uses 4. Accessory Uses This district is designed to Single Family detached Helicopter pads and landing Those Uses customarily protect the character of the Dwelling. areas,and docka that project associated with Single Family single family neighborhoods. homes. (See Section 6-21). ft. B. Development Regulations : .truc:t:ures>: hall::::b ;::s:ub:oot:>tQ<:re:v:iew: 1...............Ne.w.. ons :r::u: Mon:;::::alteraaron�:::car:::ad;r�stxa�s:>t�>:og�:grn: ...........'~:::. :.::::�:::::::::::::��::::.::::.L..............::::.:::::::::.:: for consiste;nc wi h:>the::;e.riter:.�: ::::l41*.i::;below regarding::t e: PP arance aznt cotnpatibthty:, of:the proposed:construction with the Site and the surrounding proper:.ties °`r ; na I '< he..o .,;:; eta. �a::.::> :. : �:t:�an:>sha:ll:::ta: :::arch::tec:turall :n: : ::rn:::rl.at..........t.............:.g::::::::.: .:��d:::::::::::. :::::.:::::::::::�:::.:::::::::::::.;:.:<.;.;:.;:.;:. �P...:.::p . < . ::.::.: the::Strctue:ina::.>:::6e:>axeh ltectur:a:ll:::::re..:es . ..,. :::::.::.3�.::::::.;:;:;<.;:.;;;;:.;;.:;<:.::::::::::.:::..: :: :::� ::::::.:. ::ma:n:ner::::wh:iseh:::>i: ::>con:sssten:t::::>n::::d4s�> n:::and::::mato:ri;al:t,;;rou;g,,;aut ws::: h: l:l:::b. :r: h: : : t c d::o:n:Frant:: nd::;s :d e e:rs: x:> ar . n:: n: r::.;w :..�>::t4c�rs:::a:n#�:::�u:�:ndo........5....�........�:i�::.::::::::.:::::�::.............................:::::::::::.:::: elevations>:w;h:rnh:fa;co:a: tzet:k ra ht- - g; At leas.t.2 o.af.. f tit<yar: si ll be..so d o-r lands ped .pervious Open a.. e w:lth..:.the:..ex.cea.t.l;.on:..o:f..:..d.r..xN.e.. :s::a.rid.::::n.ths.:l:earl.tng1'e„�'3ux.:d;n��<Pa;� n�, ii0i:: .:;:` =to gi frazttiO the Bti .din nna ; nit:��.ten:d:.;an..:::otoset:a �:€z.f.1.::e. �)�Oe :.::::: :::::::::::::::::::.::::::.:::.:::...:....;.;:.;:.;:. :. :�:. . ................................................................. d The patnttn.g of 75%o.f a Building or Structure shall be in one of the co'ors'o .. ............ Miamx.:l3e .ch.l�a ade.. iew:Color:C4ar...t:or a>li liter:shade`of"''o a of t.;.e colors on the 0ozor Chart,co0a n4t on the Coi:ox Chaxx array 1101>xtrd;4alyk tt .p :;. emphas hig"'architectzaraf eiements f a Building: tease-BAR BAR 23. Min.Lot 34. Min.Lot 3>5. Min.Unit 6.--Avg.-Unit I T.Max Bldg. with-beaus Area Width Size Size Height (sq.ft.) (feet) (sq.ft.) (€4.41-4 (feet) N/A N/A RS-1= 30,000 RS-1 = 100 1,800 N/A 33 RS-2= 18,000 RS-2 = 75 RS-3= 10,000 RS-3= 60 RS-4= 6,000 RS-4 = 50 SECTION 3. That Subsection 6-5 of Zoning Ordinance No. 89-2665, entitled "Residential Setback Requirements" is hereby amended as follows: 3 6-5 RESIDENTIAL SETBACK REQUIREMENTS - RM-1,2,3 1. Front 2. Side,Interior 3. Side,Facing a 4. Rear Street A. At Grade 20' 5',or 5%of Lot 5',or 5%of Lot Non-oceanfront Lots-5 parking Lot on Width,whichever is Width,whichever is feet the same Lot. greater(0' if Lot greater. Oceanfront Lots- 50 Lotss5li`Miii a feet from Bulkhead rlessAsper Line. .......::..:............:.:. ........................... S tot : ...........:.... .............................. ......... B. Subterranean 20' 5',or 5%of Lot 5',or 5%of Lot Non-oceanfront Lots -0 Width,whichever is Width,whichever is feet greater. (0' if Lot greater. Oceanfront Lots- 50 Width is 50'or less) feet from Bulkhead Line. C. Pedestal 20 feet Sum of the Side Sum of the Side Non-oceanfront Lots - Yards shall equal Yards shall equal 10%of Lot Depth. Except lots A and 1-30 of the 16%of Lot Width. 16%of Lot Width. Oceanfront Lots - 20% Amended Plat Indian Beach Min.- 7.5' or 8%of Min.- 7.5' or 8%of of Lot Depth, 50 feet Corporation Subdivision and Lot Width, Lot Width, from the Bulkhead lots 231-237 of the Amended whichever is greater. whichever is greater. Line whichever is Plat of First Ocean Front greater. Subdivision- 50 feet. D. Tower 20' + 1'for every 1'increase The required Sum of the Side Non-oceanfront Lots- in height above 50',to a Pedestal setback plus Yards shall equal 15%of Lot Depth. maximum of 50',then shall .10 of the height of 16% of the Lot Oceanfront Lots- 25% remain constant. the Tower portion of Width. of Lot Depth, 75' the building. The Min.- 7.5'or 8% of minimum from the Except lots A and 1-30 of the total required Lot Width, Bulkhead Line Amended Plat Indian Beach setback shall not to whichever is greater. whichever is greater. Corporation Subdivision and exceed 50 feet. lots 231-237 of the Amended Plat of First Ocean Front Subdivision - 50 feet. SECTION 4. That Subsection 6-14 of Zoning Ordinance No. 89-2665, entitled "I-1 Light Industrial District" is hereby amended as follows: 6-14 I-1 LIGHT INDUSTRIAL DISTRICT. A. Purpose and Uses 1. District Purpose 2. Main Permitted Uses 3. Conditional 4. Accessory Uses Uses This is a utilitarian district Those Uses that are consistent with Any Use which includes Those Uses customarily characterized by sales,storage, the district purpose. the retail sale of associated with the District processing, wholesaling, motor gasolines*:00.Ling Purpose. (See Section 6-21). Rece vm :$tat one vehicles repairs and towing ......;;,;;�?�: ::::; ; :.. services. This district shall not include any residential Uses. SECTION 5. That Subsection 6-21 of Zoning Ordinance No. 89-2665, entitled "Regulation of Accessory Uses" is hereby amended as follows: 6-21 REGULATION OF ACCESSORY USES * * * B. Permitted Accessory Uses * * * 2. Apartment Buildings may have the Accessory Uses Based upon the below criteria: e. Buildings in the RM-3 zas # RP4Districts may have Commercial, office, eating or drinking Uses with access to the Street if they are either located in the ground floor space, Subterranean level or in the highest floor of a 4 • • Building; however, office space, when located on the ground floor, shall be at least 50 feet from the front property line. 4. Office,retail and Commercial Accessory Uses shall be permitted ti-mid to have the followingiess a. Storage of supplies or merchandise normally carried in stock in connection with a permitted Use. b. Accessory Off-Street Parking and Loading Spaces, subject to applicable district regulations. c. . Publictelcph©tt s and vending machinesshallon.l be Ze milted to located the;:.Extenor< lls.o,£;:th . ld g SECTION 6. That Subsection 6-25 of Zoning Ordinance No. 89-2665, entitled "Supplementary Yard Regulations" is hereby amended as follows: 6-25 SUPPLEMENTARY YARD REGULATIONS * * * B. Allowable Encroachments * * 3. Boat, Boat Trailer, Camper Trailer, Recreational or Commercial Vehicle Storage - Permitted accessory storage of these vehicles shall not be conducted in a Front Yard of any district except the I-I Industrial District and the Marine Recreational District. The storage of commercial vehicles are not permitted in any district except the I-1 Industrial District and commercial districts. Where permitted, if the said vehicles are located in a Side or Rear Yard it shall be screened from view from the Street and from the adjacent property; 'when seen bya Person at ground ]eve1. Nothing in this paragraph shall be construed to prohibit a dry dock facility when such facility is associated with a Marina. * * * 8. Fences, walls and gates- Regulations pertaining to materials and heights for fences, walls and gates are as follows * * * a. All districts except I-1. * * * (4) Chain Link Fences are prohibited in the required Front Yard, and any Required Yard facing a public right of way or Waterway( Opt FamilyfOOWdittildt0, except as provided in Section 6-25,B.1194. (5l Chain land Fences ma'y be erected to s rround acant Lotsor vacant it ::. ...:::fence:::shal.114 <::e:,r:mt:t:t:e:d::on a::atempor ry b s or F:.:;:¢et4<t .::.: .;.;:; , :;.>.:::>::<;':.;.:..:....,.:.:..: :.:;... .::.:: .:..;:...:: ::.:..:.:::;: .. �to ol'�C�eeu ancy for::_:a c ':::of:::a:::pert:isf�:caaxe::ef::>Usk:::pr>:a:::: �:,�:t:3:1';t�a...:>.::;:< :::;::;;;;;:<::<t�.::::.:::.Y.:. :::.:iiii':.ii:::.:is:i.ii:.ii::^:. ii : ?i?:}i'.;:..i:.iiiii'.i .i'::.::.:i:::':.::.: .:::.::.ii.;':::...:.;4:..:::.:::::::..:.:.:..:,. :...1:...... ;::>:: .... :.:.:.:. .,,: e::::t_n:::iti.:: rOPOtt;;; iniii0.0:;:; t.01.0::t 0 tural<::::;i$010 m,sn,.; �:rtntl`�d [�� ..::.. . .;..:::.::P:.;:.;:<p � stitch fencesha l b 'vi l coated 0)(5) Barbed wire or materials of similar character shall be prohibited. * * * 5 • 12. Marine Structures - All districts - Seaward Side Yard setbacks for boat slips, decks, wharves, dolphin poles, mooring piles,davits, or Structures of any kind shall not be less than seven and one half(71/2)feet. This requirement pertains to the enlargement of existing Structures as well as to the construction of new Structures. It is further provided that any boat, ship, or vessel of any kind shall not be docked or moored so that its projection extends into the required seaward Side Yard setback. Land side decks may extend to the deck associated with the marine Structure. The maximum projection of a marine Structure shall be determined by the Dade County Department of Environmental Resource Management. If a dock or any kind of marine structure/equipment et]her'i isOrot`attached to a dock projects more r w :.::': >: ':,� ikli;� ,ice. than Q�-5 ft. into the Wate aY �C `t �7tttcz�t€5be�ot ;:;t :.:::.:::::.:::::::::::::::.::::V ::.3. :::.:::::.;;: permitted unde `sec:it:an:::>7:::; :6::>ol'::::th:e::::Ci:I:.:::>: odo it shall be a•Conditional Use and reviewed 1:WItkmEwologiiigp.40 pursuant to Section 17. 14. Parking Garages and At-Grade Parking Lots (including those operated on a valet basis) - When a main Use, Parking Garages and At-Grade Parking Lots shall have the following setbacks: * * * b. At Grade Parking Lots shall have the following setbacks(Sec Section:6 5 is (1 Lots which; are 55 lent ide or lass shall have the following development::r u:l ::ison4a:nd:::.:ark g stalls are ermitted to mea ;ur: feet b 4<6<feet ) rent 90 Paring 10 feet: Angled park O ea.ch cor:n..e;r::::of the::lot::shall::ha:....e::a::landscaped::: ::rea:that:;:<is orm d a t seeles ran le that t s: base of at least 1 ►5 eet two::::la:nds..caped:;:areas::each:ha:v.in ::an area of a;t,;least 200 s f'it ;.,;`h,ride:: er::me:tex:::wall:::or:>:d:ense:::h:ed c::::of:::a:t:104$t 3:gMfootxn:::h:n;z;gl t ts>•roglo:red>::>e;x:ce: t::>:wherc:::f!tTa:rktx, igigS::::are::::ad::#aaea:.::.;;;::: r' ::1:: :b:° .::::::::... . rL::: :.:ste�tt:::th:at::::eQ�e s. � e�;ch3al}er�> rie� <reznd; r`r' aaio....s...................................:::::::::::::.:::.:::::. of the:€:landsca ed:>areas:sha:l:l:::::be::::prav:ided::Thereh :ll s i::.::.: 'i::ii:':::::'::.i::.v,:::..:;:yir>:.,.:.:.i::::.i:ti•i:•i:�.Y.v.:y:::::;:...;':n;':::.i':.:: ::.:. least:::tw. 2::::l:a:n:daca;'::ed:::isla:nds::wi;�th:::each::ha rn:g:an a:rea;;1:0 ::::: .::::::.::.::::::;.i:.i:.;:.;:.;:.::.: :.i:.i.:.;;: e s .::.a....:�ie .t h.:.:Ac..es the..L..t. s;:>:.;ft:at:>:a:> ::o��t:t:�: ::.x�a:�xtxla:t:eZ:..:;�0;�:>�f:.i:::.:.:::::::::::::::::::::�.:.:::::::::::.:;.;: i; drives shall i e a per ection'7'-5 1 Lot Width ide'Required Yard sett ac s>:on all sides ...................... ...................... ........................ bet 'ee <56d;d la( f eet 5 feet 04 100 feet or less. 3;: between 101 and 150 feet 10 feet (4) greater than 151 feet 15 feet (5).......:...The regii red Front and bear Yards shiall'be a.sfoll;o vs Residential istriets: 20 feet in the req tred 'Front Yard riots <re;�<F�r.� <:::in:::the h�libe >1�<f c:scan >t�e 're�ui..:............................................ ..................:::::: tO4ifoy:KO4C7.44t(t. 6 • SECTION 7. That Subsection 7-2 of Zoning Ordinance No. 89-2665, entitled "Off Street Parking Required" is hereby amended as follows: 7-2 OFF-STREET PARKING REQUIRED * * * A. Parking District No. 1 f:::to :::than<:�� ;:u1Yt :.:>I:: >::>::>::>::>::>::»::>:<:::<:<::::::>::>::>::>::»:;::.::.:>::>::»::>::>::;..:.::.:. :.;::..;:.:::nven:tson:::�->Ftir::::s: ru�Iur space.... ................... t�t:uetres::: �th qtsti�i�'�1�� s�vt�1� 2�i�:��gg:u�.� s . .. .................t�.................................................................... >�red<: urici n:v:'nIi n $0�::::un:�>ts:;,�r;tnorP�:t3:�#l:s :a:eg: :O.:.u:..::.:..::::::::::q:::::::.:::.::.F:::::::::::::.g.::::::::: :::::::::�:::::::�:.. 1-bidtcosoilry ?Usea'apkw .:::::.::. ::: : :::::::ws,: : :::. ............. .i.etail, .equ re€d:>park } all be om cputed:>at I space�'p r 500 u's 75;sq.It: perj nil: seat>or 15 q t.;per u t c Restaurant or other establisl mcnt...for o sumption of food be.vera?ea:..ern:.:the.>t reri i:se:s<.-::.Requ:red park ng:::sha.11>be::>1 spaee;:per 7 seats or:. .:space.per 105 sq. it where there is o seating, minus 1 seat tir 15 sqft .per 2 units. d. Re u:i:red:::> a:r:.kin '.;:rOti:: 1i;,: Ih r:.::::: seC4J.*a:#1:::;b ......................................................................... ............ s ubectiio ............................ ............................ • >:m ':: :: raxnt::sa:::: :a:ria:nye:::for:<tl e::::totai<_umoun :>v hvni;x: u;s:t: n.t:..... .... . >::: : :::::::acct; reiaked::Aecessot: »::lyses... . . • p�� xo; ;::r:�qq�r�;d;;fear �::;�oq.:::�ntton.:; .o...tel.::.. _..................:.. ::.:::::::::::::::::.�.:::::::::::::: :.3�.:.:p .: 1Ei94 * * * 35. Retail Store, Coin Laundry, Dry Cleaning Receiving Station, Financial Institutions, Stock Brokerage or Personal Service Establishment - as—a- main permitted Use, 1 space per 300 square feet of Floor Area; as an * * * B. Parking District No. 2 * * * There shall be no Off-Street Parking requirement for Uses in this Parking District except for those listed below: * * * C. Zoning Districts exempted from Providing Parking - There shall be no required parking for any Use located in the Dune Overlay District or Waterway Districts 1 & 2. SECTION 8. That Subsection 8-6 of Zoning Ordinance No. 89-2665, entitled "Landscape Criteria" is hereby amended as follows: 8-6 LANDSCAPE CRITERIA When the Site is located in an area designated for landscape review, the following regulations shall be used in evaluating the plans: * * * 7 • B. At-Grade Parking Lots For the purpose of this section, the term"At-Grade" Parking Lot shall encompass Commercial Parking Lots and Non-commercial Parking Lots as described in ........................................................................................................................ Section 3-2 of the Ordinance iel �� te`'� � rta : orK�es �r � es and ............................... .............................. ............................ ............... that portion of a Lot which is underneath the Building and is At-Grade which is utilized for parking. Notwithstanding the requirements in this Section, in no instance shall the required landscaped area be less than 20% of the total area, ........................ except for Temporary Parking Lots which are subject to Section 7-6,H ' d t ate ........................ ........................ ............................................................................... .............................................................................. ............................................................................... .............................................................................. SECTION 9. That Subsection 9-2 of Zoning Ordinance No. 89-2665, entitled "General Sign Regulations" is hereby amended as follows: 9-2 GENERAL SIGN REGULATIONS. E. Signs located on the underside of Awnings or Canopies. Non-Illuminated Signs, not exceeding three (3) square feet in area with letters not exceeding six (6) inches in height, hanging from the underside of an Awning or Canopy with a minimum height clearance of seven feet six inches(7'-6") Howe eri> ign's that' :....................:.:..........::.....:...........:..:... ............................................................... er- painted, stamped, perforated, or stitched on the surface area of an Awning, Canopy,Ot roller curtain,or umbrella,are permitted in Commercial Districts;a-n4 shall be approved by the Planning and Zoning Director in accordance with the Design Review procedurespia0.00iiirougeOribMtfighOtaltatiii0itattiM of the taaiNOritae:: ,MlOCOOOA and]. rtes shalt inchesin he ht. * * * G. Signs for Oceanfront Buildings. Signs located between the Erosion Control Line (ECL) and the main Structure shall be limited to the following: one Sign identifying the main Structure, Sign area not to exceed 1% of the wall area facing the ECL with a maximum size of 75 sq. ft and one Sign per Accessory Use, ......:.....:.: ll>f cing n Sign area not to exceed 20 square feet. �► E:aC:.;Agri;.,;rjat�;;.,['�rra �,�..,.,,,�t.,,,,.,,.g.� . ................... .. e tension af.a dead d trees. ulz: cipal Pa:r:kin ..:Lot r` a• an r thin the area:>d.... i :n a..:>a ::th. >:Dun :::Di:s'ri:e:t or:::tho::re :u red 5Ar wear:::Ya:rd:::setba:ck a t:::the irtitad>iseVel> tO>•;>'tC< ermtte »vlfathu>mairit <OZe O': .t...... for>ooty,:.: ........................................................................................................................................................................................... ... one Accessor se SECTION 10. That Subsection 9-5 of Zoning Ordinance No. 89-2665, entitled "Sign Regulations Per Zoning Districts" is hereby amended as follows: 9-5 SIGN REGULATIONS PER ZONING DISTRICT * * * B. Table 2 - Schedule of Sign Regulations * * * 10 GU Shall follow the Sign regulations as determined by the surrounding districts as Zoning Dir r Ho[ ever>all g regulal ans for CCC determined by the Planning and Zo i g ecto . ....:............ .;;;:.;;:.;$ �. :.;.;;::.;:. :.;:.;:. w .:.................:.............:.:........................ ........................................................... Dune Agoos4gction 9 G One flat Sign, per 100 feet of Dune frontage. The copy is Overlay limited to the advertisement of an Accessory Use. The maximum height of the Sign shall not exceed 6 inches. SECTION 11. That Subsection 13-8 of Zoning Ordinance No. 89-2665 entitled "Building Nonconforming in Height, Density, Parking, Floor Area Ratio or Bulk" is hereby amended as follows: 13-8 BUILDING NONCONFORMING IN HEIGHT, DENSITY, PARKING, FLOOR AREA RATIO OR BULK. A. A Nonconforming Building shall not be altered or extended, unless such 8 Alteration or extension decreases the degree of Nonconformity but in no instance shall the Floor Area requirements of any unit which is being altered or extended be less than the required Floor Area set forth in Section 6 of this Ordinance for the applicable Zoning District. SECTION 12. That Subsection 13-9 of Zoning Ordinance No.89-2665 entitled"Procedure for Retention of Illegally Subdivided Units, Undersized Units or Illegally Installed Kitchens" is hereby amended as follows: 13-9 PROCEDURE FOR RETENTION OF ILLEGALLY SUBDIVIDED UNITS, UNDERSIZED UNITS OR ILLEGALLY INSTALLED KITCHENS A. Options 3. Establish these units as legally non-conforming by: a. paying $200 plus a processing fee of $35 per Unit which is in violation to the Planning and Zoning Department, and b. by bringing the Building into compliance with the following codes and requirements within six (6) months of the date the zoning violation notice was received: (1) Owner must show affirmative proof that the Building was purchased prior to September 30, 1987<o if at a st s q €e t .................................... date, t::>e>o ner must::s mi: ::>Orao€:a:n:d> ;n a:ffi v ::to the effect::::that::::the::::co dttions::an the::::Building,a ist d> "i or to its:>::urchas and ;ri;or to timber 30' <1987 (2) City of Miami Beach Zoning Ordinance 89 2665 4-8 as .................... .................... amended, with the exception of parking,density and Floor Area regulations(owner must comply with all other Zoning Ordinance regulations). * * * SECTION 13. That Subsection 16-7 of Zoning Ordinance No. 89-2665, entitled "Powers and Duties" is hereby amended as follows: 16-7 POWERS AND DUTIES * * * B. Fees * * * 2. Deferments, Withdrawals and Clarifications If a deferment or an extension of time is requested by the Applicant, an additional fee shall be assessed as follows: SECTION 14. That Subsection 18-2 of Zoning Ordinance No. 89-2665, entitled "Design Review Procedures" is hereby amended as follows: 18-2 DESIGN REVIEW PROCEDURES * * * B. Applicability and Exemptions. * * * 2. Exemptions. Exemptions to these regulations include all of the following provided no new construction or additions to existing Buildings are required: e. all Single Family Dwellings, except roofs, are exempt from the Design Review regulations Ho ever al BuildingPortnats, opt new construction,:;:i.i4l:terataiona ::r:> 'dditions::to<:exis. in::!!$0 c:,ures:shall 9 SECTION 15. That Subsection 20-3 of Zoning Ordinance No. 89-2665, entitled "Use Regulations" is hereby amended as follows: 20-3 USE REGULATIONS B. Table of Permitted Uses General Use R-PS 1,2 R-PS 3,4 C-PS 1,2,3,4 RM-PS 1 Category Single Family; P P P P Townhome; Apt/Hotel not Apartment; permitted Apt/Hotel Hotel N P P N Commercial N N P P 8% of Floor Area Institutional C C C C 1.25% of Floor Area Accessory P P P P P - Main Permitted Use C - Conditional Use N - Not Permitted Floor Area in the M-PS 1 District refers to total Floor Area in project. Commercial Uses in RM-PS1 limited to stores and restaurants. For purposes of this Section, a' ar; as Filling Stations and any Use that sells gasoline or .:...........:................:..: automotive or related repair Uses are considered as industrial Uses and are not permitted in the Redevelopment Area. Commercial and non-commercial Parking Lots and Garages shall be considered as a Conditional Use in the R-PS1,2,3 and 4 Districts. SECTION 16. INCLUSION IN ZONING ORDINANCE NO. 89-2665. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the City of Miami Beach Zoning Ordinance No. 89-2665 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 17. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and the same are herewith repealed. SECTION 18. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 19. EFFECTIVE DATE. This Ordinance shall take effect on the 2nd day of November 1991. PASSED and ADOPTED this 23rd day of October 1991. V CE— Ar`0R) ATTEST: CITY CLERK DJG/PC/JGG:jm APPROVED First Reading: 10-9-91 LEGAL DEPT. Second Reading: 10-23-91 BY c:\wp\jgg\pb\tch3fin.91 Date / a - Z`5- i I 10 6.0 71,1620ti Eead sr�PM' `y FLORIDA 3 3 1 3 9 £* INCORPhORATEo} "VACATIONLANU U. S. A. 9R�H 26'"1 OFFICE OF THE CITY MANAGER CITY HALL 1700 CONVENTION CENTER DRIVE TELEPHONE:673-7010 COMMISSION MEMORANDUM NO. WS-97 DATE: OCTOBER 23, 1991 TO: Mayor Alex Daoud and Members of the City Commission FROM: Carla Bernabei Talarico �, City Manager �J SUBJECT: PLANNING BOARD RECOMMENDATION ON PROPOSED AMENDMENTS TO ZONING ORDINANCE 89-2665 - TECHNICAL AMENDMENTS III THE REQUEST As part of an on-going analysis of the City's Zoning Ordinance 89-2665, the City Administration through its departments, has identified the need to further amend the Ordinance to clarify issues and further the development goals and objectives of Miami Beach. Incorporated in this request,also,are the recommendations of the Planning Board Architectural Advisory Subcommittee relative to design review criteria of newly constructed or altered single family residences. The Planning Board held a public hearing on these amendments on September 24, 1991 to continue the meeting on October 3, 1991 to render it's recommendations to the Commission. At this subsequent meeting, recommendations were made on approving amendments as proposed, approving amendments with changes and denying approval to an amendment to the performance standard development regulations within the RM-PS1 district. (On this latter item the Commission is reminded that it was referred back to the Planning Board for further consideration). There was a further vote to defer a recommendation on another item relating to hedge height restrictions. These actions are synopsized, as outlined here: THE PROPOSAL The attached Ordinance identifies the proposed amended Sections of the Zoning Ordinance. The shaded portions are those that would be added to the existing ordinance and the struck through portions are those that would be deleted. To assist in the review of the proposed amendments, the following provides a brief explanation of each proposal. Those sections that were proposed to be changed by the Planning Board are so noted. Sub-section General Title Page Explanation 3-2A.94. Hotel, Convention 3 The addition of a definition for Convention Hotel, which: is a new 'or substantially rehabilitated facility within 2,500 ft.of the Convention Center;depending upon the size of such a hotel, parking requirements are amended under Subsection 7-2. 3-2A.95. Hotel Unit • 3 Definition of hotel unit further clarified • . relative to cooking facilities. • 16 AGENDA 73 3_6 ITEM DATE /0 3 -9? • Sub-section General Title Pane Explanation 3-2A.152 Recycling Receiving 3 The addition of a definition for Recycling Station Receiving Station, which is a Building or a portion thereof, where, for compensation certain types of recyclable materials could be rendered for shipping to another environmentally approved location where the actual recycling of the materials will take place. The term does not include a motor vehicle junkyard. 6-1A.3. RS-1,RS-2,RS-3, 3 Docks projecting into a waterway deleted as RS-4, Single Family a conditional use under this section to be Residential Districts consistent with other zoning classifications; Conditional Uses all projecting marine structures remain as conditional uses, but are changed to a projection of 40 ft., as amended under subsection 6-2D. 6-IB.1. Single Family 3 Design review criteria added for single Residential Districts; family residences which are newly Development Regulations constructed or altered;there review criteria will be applied administratively, and are meant to guide the improved exterior appearance of such structures. In addition, those development regulations which are not applicable to single family residential districts (i.e., Base FAR, maximum FAR and Average Unit Size)are recommended to be deleted. 6-5A. Residential Setback 4 Includes reference to recommended new Requirements-RM 1,2,3; regulations for at at-grade parking lots that At-grade parking lots are 55 ft. wide, or less; reference to lots of 50 ft. or less is deleted. 6-8A.2. CD-3 Commercial, 5 Clarification on the permissibility of High Intensity; Main offices/retail in Oceanfront properties in the Permitted Uses Architectural District with regard to rehabilitation criteria. Also, recommended change to permit ground floor offices on the closed portion of Lincoln Road, as long as they are back 50 ft. from the storefront. (Note: The Planning Board voted to recommend to the Commission that the setback form Lincoln Road be 75 ft. rather than 50 ft. as originally proposed) Additional language regarding apartments apartment/hotels and hotels located in the same portion of Lincoln Road relating to frontage criteria. • 6-8A.3.&5. Conditional Uses 5 Restrictions recommended as to the placement Certain Main Permitted of entrances and lobbies for certain uses Uses on Lincoln Road located on that portion of Lincoln Road closed to traffic. 6-8B.2. CD-3 Commercial 5 Correction to the referenced section on • High Intensity; FAR bonuses. . Development Regulations 6-14A.3. I-1 Light Industrial 6 Adds Recycling Receiving stations as a District; Conditional Conditional Use in order to require further • Uses review and approval. • • 2 • Sub-section General Title Page Explanation 6-21B.2.e. Accessory Uses; 6 R-PS4 District added to RM-3 District as an Apartment Buildings area wherein an apartment building may have certain accessory uses with access to the street. 6-21B.4. Accessory-Uses; 6 Clarification of text on accessory uses and Office, Retail & restrictions recommended to be placed on the Commercial location of telephones and vending machines. 6-25B.3. Supplementary Yard 6 Clarifies screening provisions of said Regulations; Boat, encroachments to limit the view from ground •Trailer Storage level. 6-25B.8. Supplementary Yard 7 Adds language to permit chain link fences Regulations; fences on side yards facing on the terminus of a walls and gates dean end street; also amended to allow chain link fence to be erected around vacant lots and buildings on a temporary basis to prevent dumping. (Note: The Planning Board voted to add language limiting "temporary basis" fora period up to one year and requiring vinyl coated chain link in the Architectural District.) 6-25B.12. Supplementary Yard 7 Amends definition of marine structure and Regulations; Marine extension into the waterway by 40 ft. or Structures beyond the maximum projection as prescribed in Section 7-66 of the City Code requiring Conditional Use approval. 6-25B.14. Supplementary Yard 7,8 New language added for development Regulations; At regulations of at-grade parking lots that are Grade Parking Lots 55 ft. wide or less; these regulations will allow these lots to be used more efficiently; required front and rear yard dimensions added for all parking lots. 7-2A.25. Off-Street Parking 8 New language establishes variable parking Required; Convention requirements for hotels newly constructed Hotel or substantially rehabilitated within 2,500 ft. of the Convention Center; ranges from 0..5 to 1.0 spaces per hotel units. Also, reduced parking requirements for •hotel accessory uses including restaurants, ballrooms,meeting rooms,retail,etc. (Note: Gymnasium was removed as an accessory use eligible for reduced parking requirements as recommended by the Planning Board.) • 7-2A.35. Off-Street Parking 9 Clarification by removing Financial Required; Retail Store, Institutions which is defined separately and Coin Laundry, etc. by removing accessory use requirements which are defined specifically as accessory to certain other main permitted uses elsewhere in the Ordinance. 7-2B.5. Off-Street:Parking 9 Adds parking requirements for religious Required; Parking institutions, schools and nursing homes District No. 2 (closed located on that portion of Lincoln Road portion of Lincoln .Rd.) closed to traffic. 7-2C. Off-Street Parking 9 The exemption from parking requirements Required; Zoning for Waterway District 2 (the area east of Districts Exempted Miami Beach Drive) is recommended to be Parking . removed. 3 18 • • Sub-section General Title Page Explanation 8-6B. Landscape Criteria; 9 Clarifies wording for at-grade parking lots At-grade Parking Lots to include primary and accessory uses; also, refers to new language on design criteria for parking lots which are 55 ft. wide, or less. 9-2E. General Sign 10 Amended wording on the size of signs on the Regulations; Signs surfaces of awning in order that they are located on the under- proportional to the length of the awning,i.e. side of awnings or canopies they shall be of a square foot area not to exceed 25% of the length of the awning (maximum 12 in. letters). 9-2G. General Sign 10 New language permitting one sign for an Regulations; Signs accessory use facing the extension of a dead- for Ocean Front Buildings end street, municipal parking lot or park on Oceanfront buildings. 9-3D. Signs and Sign Devices 10 Amends the process wherein the City may Prohibited remove a sign illegally erected on public property by doing so without prior notice; continues to allow for owner to recover sign by paying removal costs. 9-5B.10. Sign Regulations Per 10,11 Amended language would permit the City Zoning District; GU/CCC Commission to waive sign regulations for municipal buildings, uses and sites within the CCC District. 9-5B.11. Sign Regulations Per 11 Amends language regarding accessory use Zoning District; Dune signs by referencing to new wording in Overlay Subsection 9-2G. 13-8A. Building Nonconforming 11 Clarified language so that this section applies in Height Density, Parking to all zoning districts, including the Floor Area Ratio or Bulk Performance Standard Districts within the Redevelopment Area. 13-9A.3. Procedure for Retention 11 Amends language to allow an owner of such of Illegally subdivided a building to file an affidavit to the affect Units, Undersized Units that said illegal conditions existed prior to or Illegally Installed the purchase of the building and prior to Kitchens September 30, 1987; also amends zoning ordinance reference to read Zoning Ordinance #89-2665. (Note: The Planning Board had recommended to add further language amending subsection 13-9A.3.b.4 which would require the sprinklering of buildings converted from hotels or apartment/hotels to apartments but this was determined to be inappropriate by the City Attorney). 16-7B.2. Powers and Duties; 11 Deletion of language to clarify fees for these Deferments, Withdrawals items; extension of time removed since fees and Clarifications for this action are defined elsewhere in the • Ordinance. • • • 18-2B.2. Design Review Procedures; 11 Added language clarifies that single family Applicability and Exemptions dwellings are exempt from Design Review, but are subject to new administrative design criteria as set forth in Subsection 6-1 . B.1. • 20-3.B. Use Regulations; 12 Car wash is added to uses that are considered Table of Permitted Uses industrial and, therefore, not permitted in the Redevelopment .Area (Note: Filling stations and automotive repair are already prohibited uses within the area). 4 i .9 RECOMMENDATION The Administration recommends that all of the proposed amendments recommended for approval by the Planning Board with changes, be approved by the City Commission. It is our belief that each of these amendments will improve and/or clarify Zoning Ordinance 89-2665 and therefore further the development goals of our City. CBT:DJG:jm commisn\IOtch3.91 • • • • • • • • 5 °f 0 ti Ii u r. cq N "d 1 .-+ O rn IDA O � . 0 0 N C) N J Cr: N U C N O• iri c� .0 GA N O I .H Cr '1C7 00 N •